BANKRUPTCY ACT 1966

PART V - CONTROL OVER PERSON AND PROPERTY OF DEBTORS AND BANKRUPTS  

Division 1 - General  

SECTION 78   ARREST OF DEBTOR OR BANKRUPT  

78(1)   [Court may issue warrant]  

Where it is made to appear to the Court:


(a) that a debtor against whom a bankruptcy notice has been issued or a petition has been presented has absconded, or is about to abscond, with a view to avoiding payment of his or her debts or to preventing or delaying proceedings against him or her under this Act;


(b) that a debtor against whom a bankruptcy notice has been issued or a petition has been presented has concealed or removed, or is about to conceal or remove, any of his or her property with a view to preventing or delaying possession of it being taken under this Act in the event of his or her becoming a bankrupt;


(c) that a debtor against whom a bankruptcy notice has been issued or a petition has been presented has destroyed, concealed or removed, or is about to destroy, conceal or remove, books (including books of an associated entity of the debtor) relating to any of the debtor ' s examinable affairs;


(d) that a bankrupt has concealed, or, without the permission of the trustee, has removed, any of the property of the bankrupt; or


(e) (Omitted by No 12 of 1980, s 40.)


(f) that a bankrupt has, without good cause shown, neglected or failed to comply with an order of the Court or with any other obligation under this Act;

the Court may issue a warrant for the arrest of the debtor or bankrupt, as the case may be, and his or her committal to such gaol as the Court appoints until the Court otherwise orders and may, by the same warrant, order that any property and books in the possession of the debtor or bankrupt be seized and delivered into the custody of such person as the Court appoints.

78(2)   [Custody of certain property]  

Any property and books delivered into the custody of a person in pursuance of an order under subsection (1) shall be retained by him or her until the Court makes an order as to their disposal.

78(3)   [Application of subsec (1)(a), (b) and (c)]  

Paragraphs (1)(a), (b) and (c) apply in relation to a debtor whether or not he or she has become a bankrupt and whether, in the case of a debtor against whom a petition has been presented, the petition was a creditor ' s petition or a debtor ' s petition.




This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.